tv [untitled] September 11, 2010 11:00pm-11:30pm PST
>> thank you very much. first item is public comment. this is an opportunity for member of the public to address the commission on items of interest to the public that are within the jurisdiction of the commission, but that are not related to items on the agenda. is there any member of the public who would like to offer public comment? seeing none, public comment is closed. the president is entering the meeting and i turn the meeting over to him. >> in anticipation, mr. president, i'd like to offer a motion to continue the approval of the minutes of may 25, because we do not have the proper quorum, and to vote on
approval of the minutes of june 8. president roja: motion. do we have a second? >> the question here is we also have june 22 on the same agenda item. president roja: i'm sorry, i didn't get an advance copy of june 22. so i will move to continue june 22 as i have not had a chance to review them. so a continuance of june 22, may 25, and a vote to approve june 8. if the seconder agrees. >> second. president roja: so any public comment regarding the review and approval of the minutes of may 25, june , and -- june 8, and june 22? seeing none, public comment is closed.
dd >> commissioners, geffen, the first item that i need to talk about, i'm not thrilled about, but i have to update you regarding last weekend, the weekend of august 7 and 8. over the past weekend, there were two ins denses of violence reported in the media. both occurred on sunday night. sadly, one shooting resulted in the death of a german tourist near union square around 9:00 p.m. and the other resulted in injuries near fulsome and sixth streets around 2:00 a.m. in the first case, the sfpd have suspects in custody. although know details other than that are available and this is an open investigation. verbal reports have indicated
that the venues in the -- permitted venues in the area were closed and this violence occurred as a result of a private teen party in what we know is a comedy school that is not regulated by the entertainment commission. the second case, the victims are reported to have been patrons of the nightclub, but no further details have been sent to the entertainment commission offices. >> if i may interrupt the director's report to ask a question regarding the teen party, the police code under which entertainment permits are granted requires that a party for youth be specially permitted as a special dance, and i'm wondering if the venue in question that operated that evening as a teen gathering point had the appropriate permit from the entertainment commission. >> no, commissioner, they did not. they did not interact with the entertainment commission staff at all, and had they done so we
would have been able to communicate with the fire department, where we've been notified that this place did not even have a public assembly permit. so i don't think they would have been able to obtain a permit. >> so then it would be my request that part of your report go to the appropriate jurisdictions indicating that a permit was required, was not applied for, and therefore the entertainment commission had no knowledge and could not alert other agencies for the event. i think it's important that the public and the rest of the city family understands that this is normally a permitted activity. had it been permitted, perhaps this tragedy could have been avoided. >> ok. >> thank you. >> moving on, i wanted to give you commissioners a legislative
and poll si update. i'm -- policy update. i'm going to use consistent divisions between the information so we can continue to be consistent about the report on all things that happened in the office. so firstly, the alcohol mitigation fee. hopefully you all have a -- amending the administrative code to impose a fee on alcoholic beverage wholesalers and persons to distribute or sell alcoholic beverages in san francisco, and in order to recover a portion of the health cost and administration costs for spending chronic ineastbound arenas through the sobering center. that legislation was not presented to this commission for comment, but was presented to the small business commission.
it went to budget committee on august 4 and was amended after a great deal of public testimony. many of our permities did show up to speak on that item. it was heard again in a special meeting yesterday in the same committee on august 9, with further public testimony and moved to the full board without recommendation, for consideration after the recess. the small business commission continues to take a position of op significance to that fee, and this is just again an f.y. i for you commissioners, as it is something that does impact folks that we permit. in addition, the entertainment permit revocation legislation that did in fact come before you a few times, that was finally signed into law by the mayor yesterday, august 9. and so again, my memo has a file number in it in case you want to
take one further look at it for your reference. the next item i want to talk about is staff and office procedures. i want to keep you informed of what we're doing and things that impact you in the office. one of the things you see in front of you is a binder. as this commission becomes better and more expert at what it does, it keeps requesting more and more information from applicants in order to assess a permitees abilities and probable successes as they go forward to operate venues. this has meant more and more larger submissions to staff, and that has led to an inability for us to get these documents to you via e-mail. for a while, we were able to do that, which was really nice and efficient. but those e-mails are now clogs up the interweb and bounced back at us.
so unfortunately, you are going to have to now come to the office to pick up your meeting packages. ideally on a friday before the tuesday, so it will give you some time to review. if we had the money, we would send a messenger service to you, but we do not. if you work in offices and can send someone to pick that up, that will be fine. we will be using these binders that you have in front of you over and over, and in an attempt to save trees and recycle. so we need them back after each meeting, and that will be the format that you get everything. and so comment if you will, but i don't have a better system than that right now technologically, so you're just going to have to come pick them up. president roja: mr. alan? commissioner alan: there is a free service available to the public, and it may be a request to the city attorney to verify
that it is appropriate to use. but google provides a password-protected up load site called wiki, i believe is what it's called. a google wiki site. and you can password-protect those that would be able to sign in, which would be staff and commissioners, up load any size file documents, retain those documents on that cloud website for free, and commissioners could log in at any time from anywhere in the world and be able to access their particular information, and that would give those of us who still value the number of trees an alternative to driving down here and picking up a package. the only question would be if the security of that password protection would be satisfied -- would satisfy the retirements of the city. but that would be my suggestion because it's totally,
absolutely, come pleatly free. >> ok. well, we will definitely ask about that and see if we can use that. it's these big humongous files. the other thing i wanted to mention was the minutes format. because we've been able to use this room and get these reported, we've been able to then refer people who are interested in seeing these meetings or having transcripts actually to the video on demand, and they can click specifically on an item and listen to the testimony and watch us in all our glory on the internet, and therefore, the minutes don't have to be quite as much verbatim of what we do. so please just expect the change in the minutes format. something much more reduced and
>> they don't understand >> he's out there almost every weekend. anyway, we finally secured a vehicle. once he's been trained on the fleet use requirements and then c.n.g., which it is a c.n.g. vehicle, had to fuel that, he'll be out there in the car. lives outside city hall, so won't have to use the garage. he'll work with the manager here in city hall with the keys. and we're just thrilled to death. so yea. sorry, i'm being less than formal tonight.
corrective actions on permits. to update you on what staff has done with respect to our new tools that allow us to do corrective actions administratively without having to come to you. so what we did was -- and in previous meetings i've spoken to you about how we can require revisions of security plans via an order. that's fairly formal but basically takes the ability for us to pull in formally a permit ee into the office and impose a security plan where appropriate. so we had two venues last week in the office. one is butterfly at pier 33, not 50. and the cellar. those venues came in and met with not only our staff, but with the officer's station and
sat with them and took the time to go through the police reports, any cad calls. make them clear about why they were there. what we felt that they needed to remediate and go through, step through a list of the requirements being added to the security plans and gave them an option and time to ask questions if they weren't clear on it. we consider this the first step in our practice of discipline. any violation becomes a violation of their condition. the orders directing this plan are sent by e-mail and via mail delivery and in some cases it's possible we hand-deliver them and get a signature that folks understand that. we did both of these venues first at the request of captain
brown. there were some problems they felt they were seeing over and over and we're hopeful this will be immediately sort of a way to remediate some of these problems that are more nuisance-type problems, sound problems, security, sort of sloppy lines, that kind of thing. we'll ask the officer when he comes up about that process as well. other good news. promised to update you on the citation issuance procedure. if you look behind this memo, you will see a form that says administrative citation. it's front and back for you guys.
the revisions which realitied the penalties for violations, it's pretty specific the way the structure is laid out. and the process for administrative citations for violating permit conditions. you know, it's something that we've been obviously talking about for a very long time. so this citation form has been reviewed by the city attorney, which is why it's in front of you tonight. it's going to be used in triplicate, which seems a little old school, but that's what we do. and being used by staff out in the field. it allows us to cite for various vaylations listed. the final amounts listed as well. the collection of moneys is to be handled by the controllers office. that's something we'll track and make sure that happens probably
quarterly. the appeals procedure is also laid out, and is with essentially the board of appeals. they don't come to you, they go to the board of appeals is if anyone is to appeal this citation. so that's really good news. we learned this citation is very specific to allow the site only venues that permits from us. so half of this is places that don't have entertainment permits that are potentially to be cited for not having an entertainment permit when they ought to have one. definitions of interand thement, emitting sounds, or things that we are called on to assist the
police with. this is not a form that we're capable of using for that purpose. so that means we'll have to find a remedy, probably ledge slatively and work with the city attorney and police department, because the police are empowered to enforce these, as you know. considering the priorities for them, we would be better-suited to do that, but wu must be given the authority to and we don't have that right now. i can continue, or we can talk about that. appointments today at about 2:20, commissioner newlin was finally appointed by the board of supervisors, the full board. his term is -- i guess started july 1 of this year, so expires
july 1 of 2014. his seat is number seven, and i'm going to try to just identify these over and over with numbers, since your names rotate, as you know. commissioner alan's seat, which is seat number two, expired as of july 1. he's in a 60-day holdover. so he will be out of that seat at the end of august or our august 24 meeting. the entertainment commission position is still being considered by the rules committee. recess started basically after 5:00 today with the board of supervisors. it's a four-week recess. so we will be probably considering that new commissioner in september. so we'll have a vacancy for probably about a month.
and i think that's all i have to say. vaj, your turn. >> good evening, commissioners. if you will look in the back of director caen's sheet, you'll see a sheet written by me. beauty bar -- as this commission knows, we've had beauty bar here to answer questions and had continuing sounds problems there, as reported last commission, the management did some new soundproofing. today rearranged their front door. they changed to have a door open. they increased some soundproofing. so this past weekend, we were able to go in and confirm that those canges are in place and they're actually working. we definitely saw a noticeable difference in sound. what we're doing now is following up with -- as residents in the area, to see if they're really seeing or hearing a difference. so we're currently -- we've done our confirmation. we're just waiting to hear from
those residents to see if life has gotten better. what has been done that is adequate. next, unfortunately this weekend we did have an incident at sutra. officer mathias is here, which she'll explain in more detail. you can see our little two sentences here is that there was an incident in the venue, a fight that started inside the venue and spilled out into the street. as spd actually had to shut down that 400 block of broadway, the traffic. they broke up the fight and we had two people sent to the hospital. one was a patron who was pretty badly hurt, and one was a security guard that was pretty badly hurt. i was on scene not too long after the fight had just broken up. and from the stories that we got interviewing people, patrons and staff coming out of the club, it was one of those situations where, literally to quote somebody, do you know what
happened? what did you see what happened? i don't know, the guy next to me just turned and punched me in the face, so i started swinging. no one seemed to know what really started it, what was the spark that started this initial fire. but it was the whole club. it got pretty ugly. but again, the officer is here from central, so he can give you a little bit more detail. next as we reported before, the karaoke venues if san francisco, which are now under this commission's purview, that we're slowly starting to bring them in. i'll continue to report on this at commission meetings. we've been able to meet -- you know, there's a lot of them out there. so deputy corrector caen and i have been able to meet with them one-on-one, individually and together, and we're bringing them in slowly by surely. i think we got a couple in the last few weeks, it's slow, but we're getting them in. unfortunately, this is a name
that you guys heard over and over again, it's icon. i visited icon this last weekend. we're still having some of the same problems again and again. not controlling the soupped. -- sound. lousy crowd control. overall management of the venue. so working with southern station. hopefully he'll have a little bit more information, a little bit more paper for this commission in the coming months and we'll have a good solid recommendation. as you know, just a little bit of history here, this particular venue has come into the commission before. deputy director caen and i have worked with him in the past, as some of you individually have worked with them and we're still running in some of the same problems. we've been talking about it, and again working with southern station. we'll move from this point on ward and we may be coming before
you with stronger recommendations at this time. second, similar, is borrow and church. it was corrected, and we're back. again in the last month, we're getting more and more complaints from people in the area. we've talked to the venue again. they were issued a notice of violation. and we're just watching very closely. they continue to be unable to control their sound, again, they'll be pulled before this commission to answer some questions about that. next would be heights. this commission knows that heights -- in the past, we've had some serious incidents with heights. those incidents were brought into the commission. we imposed some new security plans, security conditions on that permit.
thinged looked pretty well for a while. they started booking parties and bringing in promoters. once again, we're starting to have issues again. we're working very closely with the permit officer out of northern station who has a vested interest in this particular incident, because he really worked with them initially and feels that, you know, they have been given a lot of chances to comply and get their house in order. so expect that we'll be monitoring them very closely. manner west. they've been before this commission to answer questions about sound and operation. we've been done tests, worked with sfpd, and for the last week and a half we've gotten no new sound compliance. so this is a -- i bring this up as this is one of those positive note where is we worked with the community, the community and the club worked well together.
sfpd worked together with both club and the community and we were able to get a good resolution to that particular issue. both the club and the residents in the area are keeping in great contact. they talk to each other weekly, they talk to us. it's a good situation right now. last is the new a.l.u., the new centralized unit formed by sfpd centralizing a.b.c. licenses here in the city. included in your packet, this should be an sfpd department bulletin. the unit is led up by someone this commission knows well, officer falzon, one of the experts, and lord knows i've seen him correct a.b.c. officers on the law. he really knows the codes
backwards and forwards. been working with him for years in other situations. deputy director caen and i have met with them. we've gone to the offices, talked to everyone in the unit, and we have already been able to make arrangements that we'll be work some enforcement and just other cases with them in the fall. which is really positive move towards the a.b.c., sfpd, and the e.c. working together. all working off the same playbook and the same page. last is just a list -- i don't have to read through it. if you see the list of notice of violations and why those notions were given, and the clubs or venues that they were given to. instead of having to read that list, you can look at the list on the paper. and if there are any questions.